Are you a U.K. resident considering emigration to the United States?

An immigrant visa is required of anyone who wishes to enter the United States to reside there permanently, whether or not that person plans to seek employment in the United States. U.S. immigration law provides for the issuance of immigrant visas in four general categories: immediate relative, family based, employment based, and the Diversity Immigrant Visa Program, known as the "green card" lottery. No provision exists under U.S. visa law to qualify for immigration on the basis of retirement to the United States.

Immigration is primarily family or employment based. The EB-5 visa is often the best option for intending emigrants looking to to move to the USA permanently on an investment based visa.

We have extensive knowledge and experience in helping clients to obtain Visa's to enable them to live and work in the USA. Please contact us to discuss your requirements.

The EB-5 Visa

What is the EB-5 visa?

The EB-5 visa is an employment-based preference category under which a foreign national applicant may obtain permanent residence (a "green card") in the U.S. based on investment. This visa can be the ideal option for those who have the financial resources and seek to invest the required amount into a commercial enterprise in the U.S.

Applicants do not require an employment offer from a U.S. employer, nor does their application require labor certification. EB-5 applicants do not need any investment experience or specific technical skills.

What is required of an Applicant?

In exchange for a significant capital investment, the Applicant, his or her spouse and his or her children who are under the age of 21 are granted a conditional visa that qualifies them for permanent resident status at the end of two years.

With a standard EB-5 case, the required investment is $1,000,000, or $500,000 in a targeted economic area where the unemployment rate exceeds the national average unemployment rate by 150%.

With a standard EB-5 case, the applicant is required to use the invested funds to purchase or start up a "non-passive" business which the applicant must manage. It must also be shown that at least 10 new full-time US jobs for U.S. citizens or permanent residents shall be created by the investment. More than one person may invest in the same business and unlike the E2 non-immigrant visa, the EB-5 applicant can be a minority owner of the business.

What is an EB-5 Regional Center?

USCIS has approved approximately 100 private businesses as Regional Centers, thereby allowing them to use multiple EB-5 or other investors to assist them in expanding their businesses or objectives.

While the standard EB-5 visa requires proof that at least 10 new full-time US jobs are to be created, the U.S. government permits qualified immigrants investing USCIS-approved Regional Centers to also count jobs indirectly created as a result of the investment. With a Regional Center investment, unlike with a standard EB-5 investment, the management while not passive is very limited and due to this the investor does not need to reside near the Regional Center.

It should be noted that the approval by USCIS of a Regional Center does not mean that the invested funds are not at risk, and in fact it is a requirement of the visa that such funds be at risk. Regional Centers are generally low in risk and will afford the investor a low return on investment.

While the visa requires the funds be with the investment for a minimum of two years, Regional Centers generally provide to investors the right to the return of their investment in 5 to 6 years.

Nothing on these pages should be taken as legal advice for any individual situation. The information is intended to be general and is not to be relied upon for any specific situation. American Attorney Services" is the trading name of Kevin Michael Burke, Attorney and Notary in the practice of US law, including practice as a Florida and Ohio lawyer.